Limerick Township Violates Preemption!?

[Pa. Patriot]

This "rule" theory is not holding water the way I read SS6120 as it clearly states they may in no way regulate.

Rules, laws, etc.

(a) General rule.--No county, municipality or township may
in any manner regulate the lawful ownership, possession,
transfer or transportation of firearms, ammunition or ammunition
components when carried or transported for purposes not
prohibited by the laws of this Commonwealth.

Emphasis mine.

ETA: It says regulate, "in any manner". It does not prohibit only "laws"

[GunLawyer001]

Well, I'm rooting for you to be right. But words mean different things to people sitting behind the bench, when compared to people who don't wear black muumuu's to work.

[Pa. Patriot]

Originally Posted by GunLawyer001

Well, I'm rooting for you to be right. But words mean different things to people sitting behind the bench, when compared to people who don't wear black muumuu's to work.

True, and I predicted that would be your response
Problem is, this applies to ALL laws.
Of course a judge can rule incongruent with the clear meaning of the law.

I am pointing out the language of the law is clear enough to see that a "rule" is clearly prohibited and is in no way an automatic loophole to the law. They would be very lucky if they were to succeed with such a defense. I would bet heavily against that happening.

[headcase]

I didn't mean to get things heated up again, I was just curious if it had gone further. I get the difference of opinion that has been bandied about through out this thread. It seems obvious that these county and township "rules" are in direct violation of the UFA as it says quite clearly that they may not regulate in any manner, no specific mention of law, statute, rule, ordinance..... On the other hand, it is also obvious that whether or not they actually can or will be successfully challenged, will depend on the judicial interpretation. Both sides of this discussion are factually accurate. I think it would be interesting to see this brought before a judge. Any plans on challenging it?

BTW, I would like to just reiterate my gratitude for all the input and information this forum provides

[ANTHONY03]

Codes are available online at:

http://www.e-codes.generalcode.com/globalsearch.asp

Just do a root word search for the word gun or firearms

I found many towns in Bucks and Montgomery County (as a sampling) that list this code (firearms in parks illegal) in their Parks Section

[gnbrotz]

Here's a disconcerting tidbit from Lancaster county:

B. During any declared local disaster emergency:

(2) In addition to any other powers conferred upon the Mayor by law, he or she may:

(a) Direct and compel the evacuation of all or part of the population from any stricken or threatened area within the city if this action is necessary for the preservation of life or other disaster mitigation, response or recovery.
(b) Prescribe routes, modes of transportation and destinations in connection with evacuation.
(c) Control ingress and egress to and from a disaster area, the movement of persons within the area and the occupancy of premises therein.
(d) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.

[sgser]

Perhaps the officials of Limerick should be asked if they took an oath of office.

If they did (if they didn't, see the last sentence below)perhaps they should be reminded of it and asked to explain what it means to uphold the constitution of the Commonwealth.

§ 43.4-406. Oath of Office.
Every elected officer, prior to assuming office, shall take and sign an oath or affirmation to support the Constitutions of the United States of America and of the Commonwealth of Pennsylvania and to perform the duties of his office with fidelity. The oath or affirmation may be taken and signed before any judge or district justice of the Commonwealth of Pennsylvania. No person shall be permitted to assume such office until the oath, in written form, has been filed with the Borough Secretary.

[Pector55]

Originally Posted by sgser

Perhaps the officials of Limerick should be asked if they took an oath of office.

If they did (if they didn't, see the last sentence below)perhaps they should be reminded of it and asked to explain what it means to uphold the constitution of the Commonwealth.

Great point! Perhaps we, as citizens, should start requiring qualification exams for all levels of elected officials to assure that they are even aware what it is they are to uphold. Then again, perhaps we wouldn't have as many people to vote for if we did that.

[exceltoexcel]

Email and Links have been sent to the following:

Township Manager - Daniel K. Kerr dkerr@limerickpa.org

Parks & Recreation Director - Karen M. Hegedus khegedus@limerickpa.org

Limerick Township Board of Supervisors
Elaine DeWan edewan@limerickpa.org
Renee Chesler rchesler@limerickpa.org
Kara Shuler kshuler@limerickpa.org
Ken Sperring ksperring@limerickpa.org
Joseph St. Pedro jstpedro@limerickpa.org

[tl_3237]

Kudos on that. Keep us posted on the reaction. +rep sent.

Any chance of posting the accompanying e-mail that you sent?